Leeds survivor who was sexually assaulted by mental health nurse opens up on 'weight off shoulders' after lawyers secure settlement

David Graham was assaulted in January 2017 when visited by nurse Luke Smith while suffering from mental health issues, which had worsened following the death of his sister.

Smith left Mr Graham's home at the end of the check-up, but returned shortly after saying he had forgotten his pen when he assaulted Mr Graham.

Smith pleaded guilty at Leeds Crown Court to sexual activity with a person with a mental health disorder in February 2018 and was jailed for eight months.

Now that lawyers have secured a legal settlement against Smith, Mr Graham has bravely waived his right to anonymity, describing how the assault left him feeling "dirty and disgusted".

He said it would take him "a long time" to come to terms with the assault, adding that the Covid19 pandemic this year had deepened his sense of isolation but that, ultimately, he felt hopeful.

He is also urging men in similar situations to come forward through his online and telephone support group, Voice Out Leeds.

"At the time, I felt dirty, disgusted and embarrassed," he said.

“Having suffered from depression and agoraphobia at varying degrees for several years, it was made substantially worse when I lost my sister. I asked for help which then led to me being sexually abused."

Mr Graham, from Crossgates, Leeds, added: “It will take me a long time to come to terms with what happened, and lockdown has only added to the feeling of isolation and, at times, hopelessness.

“But I’m determined to get my life back on track and remain hopeful for the future. While lockdown meant I was unable to get out and about as much, I’ve tried to stay positive and teach myself new skills such as cooking and growing my own food, which is quite rewarding. I also did a pre-lockdown counselling course in the hope of helping others.

“It’s a huge weight off my shoulders to finally have an end to my case, and I hope that my story will help others who may be suffering in silence to come forward and get justice. It’s the least they deserve.”

Leeds and York Partnerships NHS Foundation Trust, responsible for employing Smith, admitted liability in terms of injury and loss as a consequence of the sexual assault.

The undisclosed settlement secured by lawyers at Irwin Mitchell will help him access the specialist treatment and support he requires to overcome his ordeal.

Tom Fletcher, a specialist lawyer at Irwin Mitchell who supports survivors of abuse, representing David, said: “This is a truly shocking case which demonstrates the significant impact that abuse can have.

“David continues to struggle to come to terms with what happened to him. He put his trust in someone that was meant to be helping him. Instead, the nurse abused that trust and his position by taking advantage of David at a time when he was at his most vulnerable and just days after saying his final farewells to his sister.

“David has endured a horrific ordeal, and while nothing can change that, he has shown such determination and bravery and we are pleased to have secured settlement to help him overcome it.

“In recent months, David has gone on to describe lockdown as a struggle for him but he is grateful to see an end to the case.

“It’s vital that survivors of abuse don’t feel alone and by sharing David’s story we are hopeful they will gain the strength to speak out on their experiences.”